RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-01111
							INDEX CODE:  107.00

    							COUNSEL:  NONE

    							HEARING DESIRED:  NO
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APPLICANT REQUESTS THAT:

His Air Force Commendation Medal Third Oak Leaf Cluster (AFCM, 3OLC) and Aerial Achievement Medal First Oak Leaf Cluster (AAM, 1OLC) be considered in the promotion process for cycle 01E7.

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APPLICANT CONTENDS THAT:

In accordance with AFI 36-2502, page 26, note 2, both of these medals meet the criteria for the consideration in the promotion process during during the subject cycle.  The recommendation for decoration printout (RDP) dates for both medals are before the date AFPC made promotion selections (29 May 2001).  Both medals closed out before the Promotion Eligibility Close-out Date (PECD) of 31 December 2000.  He did not receive the second medal until November 2001.  Therefore, he could not dispute them until this time.

In support of the appeal, applicant submits a personal statement, a notarized statement from his supervisor at the time, a statement from the Flying Crew Chief Program Manager, a statement from the First Sergeant at the time, a copy of Cycle 01E7 Promotion Score Sheet, AAM with DÉCOR 6, AFPC’s response with promotion selection date, an excerpt of AFI 36-2502, a copy of the AFCM with incorrect date, a copy of the amended AFCM and a copy of the correction of Military Records reply.  Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade of master sergeant.

The applicant’s total promotion score for the 01E7 cycle was 317.03 and the score required for selection in his Air Force Specialty Code (AFSC) was 321.72.  If the decorations (each worth 3 points) were counted in the applicant’s total score, he would become a selectee for promotion pending a favorable data verification check and the recommendation of his commander.  Promotion selections for this cycle were made on 29 May 2001 with a public release date of 7 June 2001.

EPR profile since 1996 reflects the following:

      PERIOD ENDING                 EVALUATION OF POTENTIAL

         12 Apr 96						  5
         15 Oct 96						  5
         15 Oct 97						  5
         15 Oct 98						  5
         15 Oct 99						  5
         15 Oct 00						  5
         31 Aug 01						  5
         31 Aug 02						  5

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AIR FORCE EVALUATION:

AFPC/DPPPWB states that these decorations do not meet the criteria for promotion credit during cycle 01E7.  The Décor 6 for the AAM (1OLC) was not requested until almost two years after the close out date and was not placed into official channels by the commander until 22 June 2001, after selections had been announced and score notices produced.  The close out date of the AFCM (3OLC) was not amended to reflect the correct close out date until 9 April 2002, well after selections had been announced and score notices were produced.  In accordance with AFI 36-2803, the Air Force Awards and Decoration Program, para 3.1, a decoration is considered to have been placed into official channels when the decoration recommendation is signed by the initiating official and indorsed by a higher official in the chain of command.

After an extensive review of the circumstances of this case to include documentation provided, there is no conclusive evidence that either decoration was placed into official channels prior to the date promotions were announced for cycle 01E7 and the applicant became aware that he had missed promotion.  To approve this request would not be fair or equitable to many others in the same situation who miss promotion selection by a narrow margin and are not entitled to have an after the fact decoration count in the promotion process.  The applicant’s request to have the decoration included in the promotion process for this cycle as an exception to  policy was disapproved by the Promotion Management Section at AFPC.  They concur with this action.  If the dates placed into official channels were changed, it would not automatically entitle him to be supplementally considered for any previous promotion cycles, as it was not a matter of record at the time selections were made.  However, if the AFBCMR grants the request, it would direct supplemental promotion consideration for cycle 01E7.  As a matter of information, the applicant became a select for the next cycle, 02E7, with a date of rank of 1 March 2003.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that the AAM in question closed out before the PECD of (31 December 2000) and the Décor 6 RDP dated (22 March 2001) was before the selection date for promotion (29 May 2001).  This medal meets all requirements of AFI 36-2502, page 26, Note 2, and should be included for promotion consideration during cycle 01E7.  AFPC keeps using 22 June 2001 as the date of entry into official channels but the RDP date is when it was entered into official channels.  22 June 2001 is when it was signed by the Base Commander.

The AFCM dates were changed on his original medal.  Originally it closed out on 16 December 2000.  His supervisor, MSgt E--- and his first sergeant, retired SMSgt D---, have both written letters to attest to the incorrect change in the medal close out date.

Applicant's complete response is attached at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant believes that the AFCM, 3OLC and the AAM, 1OLC should have been considered in the promotion process during cycle 01E7.  We disagree.  Contrary to the applicant’s assertion, according to AFI 36-2903, paragraph 3.1, “placed in official channels” is defined as the date the recommending official signs the recommendation (DÉCOR 6 and justification) and a higher official in the chain of command endorses it.  No persuasive evidence has been provided showing that the awards were placed into official channels until after the selections for promotion during cycle 01E7 were announced.  In view of the above and absent evidence to the contrary, we are in agreement with the assessment of the Air Force office of primary responsibility, which, in our view, has not been successfully rebutted by the applicant, and adopt their conclusions as our findings in the case.  Accordingly, we have no basis on which to favorably consider the applicant’s request.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application, AFBCMR Docket No. BC-2003-01111, in Executive Session on 9 July 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 11 Mar 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPWB, dated 22 Apr 03.
	Exhibit D.	Letter, AFBCMR, dated 2 May 03.
	Exhibit E.	Applicant’s Response, dated 28 May 03.

							
							Panel Chair